An existing on-trade public house may be transferred to the department in which it is located. Applications for authorisation to transfer are submitted to the State representative in the département. The mayor of the municipality where the premises are located and the mayor of the municipality to which the premises are being transferred must be consulted. Where a municipality has only one 4th category public house, this public house may only be transferred with the favourable opinion of the mayor of the municipality.
By way of derogation from the first paragraph, an on-trade public house may be transferred to a department bordering that in which it is located, under the conditions set out in the first paragraph. Requests for authorisation to transfer are submitted to the State representative in the department to which the public house is to be transferred. A public house transferred pursuant to the first sentence of this paragraph may not be transferred to a new département until eight years have elapsed.
By way of derogation from the first paragraph of this article and from article L. 3335-1, on-trade public houses may be transferred beyond the boundaries of the département in which they are located to establishments, particularly tourist establishments, that meet criteria laid down by decree.